hb 0679

CHAPTER 274

HB 679-FN-LOCAL – FINAL VERSION

16Jan2008… 2649h

05/08/08 1610s

05/08/08 1779s

04Jun2008… 2141eba

2008 SESSION

07-0185

04/09

HOUSE BILL 679-FN-LOCAL

AN ACT relative to delivery of special education services.

SPONSORS: Rep. Stiles, Rock 15; Rep. Claire Clarke, Merr 6; Rep. Jillette, Sull 2; Rep. Casey, Rock 11; Rep. Itse, Rock 9; Sen. Hassan, Dist 23

COMMITTEE: Education

AMENDED ANALYSIS

This bill amends the procedures for delivery of special education and related services.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [~~in brackets and struckthrough.~~]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16Jan2008… 2649h

05/08/08 1610s

05/08/08 1779s

04Jun2008… 2141eba

07-0185

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to delivery of special education services.

Be it Enacted by the Senate and House of Representatives in General Court convened:

274:1 Delinquent Children; Filing Reports. Amend RSA 169-B:5-a to read as follows:

169-B:5-a Filing Reports, Evaluations, and Other Records. All reports, evaluations and other records requested by the court from the department of health and human services, school districts, counselors, and guardians ad litem in proceedings under this chapter shall be filed with the court and all other parties at least 5 days prior to any hearing, unless the court sets a different deadline upon the request of any party or agency providing the information. Once filed with the court and given to all other parties, the report, evaluation or other record need not be refiled during the proceeding. Failure to comply with the provisions of this section shall not be grounds for dismissal of the petition.

274:2 Delinquent Children; Diversion Programs. Amend RSA 169-B:10, II to read as follows:

II. At any time before or at arraignment pursuant to this chapter, a minor and the minor’ s family may be referred to a court-approved diversion program or other community resource. Referral may be made by the arresting or prosecuting agency or juvenile probation and parole officer, prior to filing a petition with the court or after the filing of a petition by such agency with the court’ s approval, or by the court on its own, or any party’ s motion. When the arresting or prosecuting agency, or juvenile probation and parole officer suspects that a minor has a disability, an administrator at the responsible school district shall be notified. If appropriate, the school district shall refer the minor for evaluation to determine if the child is in need of special education and related services. The administrative judge of the district court shall have the authority to approve diversion referral procedures for use in all juvenile matters throughout the state.

274:3 Delinquent Children; Appointment of Counsel. Amend RSA 169-B:12, I to read as follows:

I. Absent a valid waiver, the court shall appoint counsel at the time of arraignment of an indigent minor, provided that an indigent minor detained pursuant to RSA 169-B:11, III, shall have counsel appointed upon the issuance of the detention order. For purposes of the appointment of counsel under this section, an indigent minor shall be a minor who satisfies the court, after appropriate inquiry, that the minor is financially unable to independently obtain counsel. If the court believes the minor has a cognitive, emotional, learning, or sensory disability, the court shall require the minor to consult with counsel.

274:4 Delinquent Children; Arraignment. Amend RSA 169-B:13, I to read as follows:

I. No minor shall be detained for more than 24 hours, Sundays and holidays excluded, from the time of being taken into custody without being brought before a court. At any arraignment the court shall:

(a) Advise the minor in writing and orally of any formal charges;

(b) Inform the minor of the applicable constitutional rights;

(d) Establish any conditions for release; and

(e) Set a hearing date.

(f)(1) Inquire of the juvenile and a parent or guardian of the juvenile if the juvenile has been:

(A) Determined to have a cognitive disability; or

(B) Determined to have a mental illness, emotional or behavioral disorder, or another disorder that may impede the child’s decision-making abilities; or

(C) Identified as eligible for special education services.

(2) Such inquiry shall be conducted to gather complete and accurate information. The court shall make a record of the inquiry and of any information provided in response to the inquiry.

I-a. [~~However,~~] No plea shall be taken until the minor has the opportunity to consult with counsel or until a waiver is filed pursuant to RSA 169-B:12.

274:5 New Paragraph; Delinquent Children; Release or Detention. Amend RSA 169-B:14 by inserting after paragraph II the following new paragraph:

II-a. After arraignment, the court shall determine if the legally liable school district shall be joined pursuant to RSA 169-B:22.

274:6 Delinquent Children; Adjudicatory Hearing. Amend RSA 169-B:16, III to read as follows:

III. If the court finds the minor has committed the alleged offense, it shall, unless a report done on the same minor less than 3 months previously is on file[,]:

(a) Order the department of health and human services or other appropriate agency to make an investigation and written report consisting of, but not limited to, the home conditions, school records and the mental, physical and social history of the minor, and if ordered by the court, [~~. When ordered by the court, such investigation shall include~~] a physical and mental examination of the minor conducted pursuant to RSA 169-B:23, RSA 169-B:20 and RSA 169-B:21. [~~No disposition order shall be made by the court without first reviewing the investigation report.~~]

(b) Determine whether the legally liable school district shall be joined pursuant to RSA 169-B:22, and if joined, review the school district’s recommendations. The court shall not issue a disposition order until it reviews the investigative report required under this chapter or the school district recommendations required under RSA 169-B:22.

274:7 New Paragraph; Special Education; Dispositional Hearing. Amend RSA 169-B:19 by inserting after paragraph IX the following new paragraph:

X. The court may issue such orders as are necessary to ensure provision of services under this chapter, provided that any order issued involving the department of education or a legally liable school district shall comply with RSA 169-B:22.

274:8 Reference Change; Delinquent Children. Amend RSA 169-B:22 to read as follows:

169-B:22 Disposition of [~~Educationally Disabled~~] a Minor with a Disability.

I. At any point during the proceedings, the court may, either on its own motion or that of any other person, and if the court contemplates a residential placement, the court shall immediately, join the legally liable school district for the limited purposes of directing the school district to determine whether the minor [~~is educationally disabled~~] is a child with a disability [~~as defined in RSA 186-C~~] or of directing the school district to review the services offered or provided under RSA 186-C, if the minor has already been determined to be [~~educationally disabled~~] a child with a disability. If the court orders the school district to determine whether the minor is a child with a disability, the school district shall make this determination by treating the order as the equivalent of a referral by the child’s parent for special education, and shall conduct any team meetings or evaluations that are required under law when a school district receives a referral by a child’s parent.

II. Once joined as a party, the legally liable school district shall have full access to all records maintained by the district court under this chapter. The school district shall also report to the court its determination of whether the minor is a child with a disability, and the basis for such determination. If the child is determined to be a child with a disability, the school district [~~and~~] shall make a recommendation to the court as to where the child’s educational needs can [~~best~~] be met in accordance with state and federal education laws. In cases where the court does not follow the school district’s recommendation, the court shall issue written findings explaining why the recommendation was not followed.

III. If the school district finds or has found that the minor[ ~~is educationally disabled~~] has a disability, or if it is found that the minor [~~is educationally disabled~~] is a child with a disability on appeal from the school district’s decision in accordance with the due process procedures of RSA 186-C, the school district shall offer an appropriate educational program and placement in accordance with RSA 186-C. Financial liability for such education program shall be as determined in RSA 186-C:19-b.

IV. In an administrative due process hearing conducted by the department of education pursuant to RSA 186-C, a school district may provide a hearing officer with information from district court records which the school district has accessed pursuant to paragraph II of this section, provided that:

(a) At least 20 days prior to providing any records to the hearing officer, the school district files notice of its intention to do so with the court and all parties to the proceedings, and no party objects to the release of records;

(b) The notice filed by a school district under this section shall include, on a separate sheet of paper, the following statement in bold typeface: “Persons subject to juvenile proceedings have important rights to the confidentiality of juvenile court proceedings. This notice requests the disclosure of some or all of that information. If you object to the disclosure of information, you must file a written objection with the court no later than 10 days after the filing of the school district’s notice. If you fail to object in writing, the court may allow private information to be revealed to the New Hampshire Department of Education hearing officer.”; and

(c) Any objection by a party shall be filed with the court no later than 10 days after the filing of the school district’s notice with the court, unless such time is extended by the court for good cause.

V. The court may, on its own initiative and no later than 13 days after the filing of the school district’s notice to the court, issue an order directing the school district to show cause as to why the information should be disclosed to the hearing officer. Upon receipt of an objection or issuance of a show cause order, the court shall schedule an expedited hearing on the matter to determine if the requested records may be released. The court may rule without a hearing if the school district and a parent or legal guardian or the juvenile, if he or she has reached the age of majority, agree in writing to waive a hearing. Upon the filing of an objection or show cause order, the school district may file a reply explaining why the school district believes that the information should be disclosed to the hearing officer. In determining whether to authorize the disclosure of the information requested by the school district, the court shall balance the importance of disclosure of the records to a fair and accurate determination of the merits against the privacy interests of the parties to the proceedings, and render a written decision setting forth its findings and rulings. No information released to a hearing officer pursuant to this paragraph shall be disclosed to any other person or entity without the written permission of the court, the child’s parent or legal guardian, or the juvenile if he or she has reached the age of majority, except that a court conducting an appellate review of an administrative due process hearing shall have access to the same information released to a hearing officer pursuant to this paragraph.

VI. In this section, “child with a disability” shall be as defined in RSA 186-C.

274:9 Child Protection Act; Adjudicatory Hearing. RSA 169-C:18, V is repealed and reenacted to read as follows:

V. If the court makes a finding that a child has been abused or neglected, the court shall order a child placing agency to make an investigation and a social study consisting of, but not limited to, the home conditions, family background, and financial assessment, school record, mental, physical and social history of the family, including sibling relationships and residences for appropriateness of preserving relationships between siblings who are separated as a result of court ordered placement, and submit it in writing to the court prior to the final disposition of the case. The court shall determine whether the minor’s school district shall be joined pursuant to RSA 169-C:20, and if joined, the court shall review the school district’s recommendations. No disposition order shall be made by a court without first reviewing the social study and without first reviewing the school district recommendations required under RSA 169-C:20. Preliminary orders, continued pursuant to RSA 169-C:16, may be entered or modified as appropriate until the dispositional hearing.

274:10 Reference Change; Disposition of Child with a Disability. Amend RSA 169-C:20 to read as follows:

169-C:20 Disposition of [~~Educationally Disabled~~] a Child with a Disability.

I. At any point during the proceedings, the court may, either on its own motion or that of any other person, and if the court contemplates a residential placement, the court shall immediately, join the legally liable school district for the limited purposes of directing the school district to determine whether the child [~~is educationally disabled~~] is a child with a disability [~~as defined in RSA 186-C~~] or of directing the school district to review the services offered or provided under RSA 186-C if the child had already been determined to be [~~educationally disabled~~] a child with a disability. If the court orders the school district to determine whether the minor is a child with a disability, the school district shall make this determination by treating the order as the equivalent of a referral by the child’s parent for special education, and shall conduct any team meetings or evaluations that are required under law when a school district receives a referral by a child’s parent.

III. If the school district finds or has found that the child [~~is educationally disabled~~] is a child with a disability, or if it is found that the child [~~is educationally disabled~~] is a child with a disability on appeal from the school district’s decision in accordance with the due process procedures of RSA 186-C, the school district shall offer an appropriate educational program and placement in accordance with RSA 186-C. Financial liability for such education program shall be as determined in RSA 186-C:19-b.

IV. In an administrative due process hearing conducted by the department of education pursuant to RSA 186-C, a school district shall not provide a hearing officer with information from or copies of records maintained by the court which the school district has accessed pursuant to paragraph II of this section, unless the court issues an order authorizing such a release by the school district in accordance with the following:

(a) A school district seeking such authorization shall file a motion with the court describing the need for the disclosure in the department of education proceeding, with copies delivered to all parties on the same day the motion is filed with the court;

(b) A motion filed by a school district under this provision shall include, on a separate sheet of paper, the following statement in bold typeface: “Persons subject to juvenile proceedings have important rights to the confidentiality of juvenile court proceedings. This motion requests the disclosure of some of that information. If you object to the disclosure of information, you must file a written objection with the court no later than 10 days after the filing of the school district’s notice. If you fail to object in writing, the court may allow private information to be revealed to the New Hampshire Department of Education hearing officer.” ; and

V. The court shall schedule an expedited hearing on the matter to determine if such information may be released. The court may rule without a hearing if there is no objection filed or if the school district and a parent or legal guardian or the juvenile, if he or she has reached the age of majority, agree in writing to waive a hearing. In determining whether to authorize the disclosure of the information requested by the school district, the court shall balance the importance of disclosure of the records to a fair and accurate determination of the merits against the privacy interests of the parties to the proceedings, and render a written decision setting forth its findings and rulings. No information released to a hearing officer pursuant to this paragraph shall be disclosed to any other person or entity without the written permission of the court, the child’s parent or legal guardian, or the juvenile if he or she has reached the age of majority, except that any court reviewing an administrative due process hearing on appeal shall have access to the same information released to a hearing officer pursuant to this paragraph.

VI. In this section, “child with a disability” shall be as defined in RSA 186-C.

274:11 Reference Change; Children in Need of Services. Amend the introductory paragraph of RSA 169-D:5, VI and RSA 169-D:5, VI(a) to read as follows:

VI. When a school official is filing a petition involving a child [~~determined to be educationally disabled~~] with a disability pursuant to RSA 186-C, he or she shall include information which demonstrates that the legally liable school district:

(a) Has determined that the child [~~is educationally disabled~~] has a disability; and

274:12 Children in Need of Services; Diversion. Amend RSA 169-D:9, I to read as follows:

I. At any time before or during a proceeding brought pursuant to this chapter, a child and the child’s family may be referred to a court-approved diversion program or other community resource. Referral may be made by a law enforcement agency or juvenile probation and parole officer prior to or after filing a petition with the court, upon the court’s own motion, or at the request of any party with the approval of the court. When the arresting or prosecuting agency, or juvenile probation and parole officer suspects that a child has a disability, an administrator at the responsible school district shall be notified. If appropriate, the school district shall refer the child for evaluation to determine if the child is in need of special education and related services. The administrative judge of the district court shall have authority to approve diversion procedures for use by the courts in all juvenile matters throughout the state.

274:13 Children in Need of Services; Appointment of Counsel. Amend RSA 169-D:12, I to read as follows:

I. Absent a valid waiver, the court shall appoint counsel for the child at the time of the initial appearance. If the court believes that the minor has a cognitive, emotional, learning, or sensory disability, the court shall require the minor to consult with counsel.

274:14 New Paragraph; Children in Need of Services; Dispositional Hearing. Amend RSA 169-D:17 by inserting after paragraph VII the following new paragraph:

VIII. The court may issue such orders as are necessary to ensure provision of services under this chapter, provided that any order issued involving the department of education or a legally liable school district shall comply with RSA 169-B:22.

274:15 Reference Change; Children in Need of Services. Amend RSA 169-D:18 to read as follows:

169-D:18 Disposition of [~~Educationally Disabled~~] Child with a Disability.

I. At any point during the proceedings, the court may, either on its own motion or that of any other person, and if the court contemplates a residential placement, the court shall immediately, join the legally liable school district for the limited purposes of directing the school district to determine whether the child [~~is educationally disabled~~] is a child with a disability as defined in RSA 186-C or of directing the school district to review the services offered or provided under RSA 186-C if the child has already been determined to [~~be educationally disabled~~] be a child with a disability. If the court orders the school district to determine whether the minor is a child with a disability, the school district shall make this determination by treating the order as the equivalent of a referral by the child’s parent for special education, and shall conduct any team meetings or evaluations that are required under law when a school district receives a referral by a child’s parent.

II. Once joined as a party, the legally liable school district shall have full access to all records maintained by the district court under this chapter. The school district shall also report to the court its determination of whether the minor is a child with a disability, and the basis for such determination. If the child is determined to be a child with a disability, the school district [~~and~~] shall make a recommendation to the court as to where the child’s educational needs can [~~best~~] be met in accordance with state or federal education laws. In cases where the court does not follow the school district’s recommendation, the court shall issue written findings explaining why the recommendation was not followed.

(b) The notice filed by a school district under this provision shall include, on a separate sheet of paper, the following statement in bold typeface: “Persons subject to juvenile proceedings have important rights to the confidentiality of juvenile court proceedings. This notice requests the disclosure of some of that information. If you object to the disclosure of information, you must file a written objection with the court no later than 10 days after the filing of the school district’s notice. If you fail to object in writing, the court may allow private information to be revealed to the New Hampshire Department of Education hearing officer.” ; and

V. The court may, on its own initiative and no later than 13 days after the filing of the school district’s notice to the court, issue an order directing the school district to show cause why the information should be disclosed to the hearing officer. Upon receipt of an objection or issuance of a show cause order, the court shall schedule an expedited hearing on the matter to determine if the requested records may be released. The court may rule without a hearing if the school district and a parent or legal guardian or the juvenile, if he or she has reached the age of majority, agree in writing to waive a hearing. Upon the filing of an objection or show cause order, the school district may file a reply explaining why the school district believes that the information should be disclosed to the hearing officer. In determining whether to authorize the disclosure of the information requested by the school district, the court shall balance the importance of disclosure of the records to a fair and accurate determination of the merits against the privacy interests of the parties to the proceedings, and render a written decision setting forth its findings and rulings. No information released to a hearing officer pursuant to this paragraph shall be disclosed to any other person or entity without the written permission of the court, the child’s parent or legal guardian, or the juvenile if he or she has reached the age of majority, except that a court conducting an appellate review of an administrative due process hearing shall have access to the same information released to a hearing officer pursuant to this paragraph.

VI. In this section, “child with a disability” shall be as defined in RSA 186-C.

274:16 School Attendance; Legal Residence Required. Amend RSA 193:12, II(a)(2) to read as follows:

(2) In a divorce decree where parents are awarded joint decision making responsibility or joint legal custody, the legal residence of a minor child is the residence of the parent with whom the child resides. If a parent is awarded sole or primary residential responsibility or physical custody by a court of competent jurisdiction in this or any other state, legal residence of a minor child is the residence of the parent who has sole or primary residential responsibility or physical custody. If the parent with sole or primary physical custody lives outside the state of New Hampshire, the pupil does not have residence in New Hampshire. If the court order is for equal or approximately equal periods of residential responsibility, the child’s legal residence for school attendance purposes shall be as stated in the order. If a child is in a court-ordered residential placement, foster home, or group home pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, residence shall be determined in accordance with RSA 193:27.

274:17 School Attendance; Legal Residence Required. Amend RSA 193:12, II(c)(1) to read as follows:

(c)(1) If a parent with legal [~~and physical~~] custody of a child moves from New Hampshire to another state while the child is in a court-ordered residential placement in this state or another state pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, the departments of education and health and human services shall make a written request of the receiving state to assume the [~~educational costs~~] programmatic and financial liability of the child’s placement in this state or another state until [~~legal~~] physical custody of the child is returned to a parent or legal guardian. In this subparagraph, “receiving state” shall mean the state to which the child’s parents move.

274:18 School Attendance; Legal Residence Required. Amend RSA 193:12, V to read as follows:

V. Except as provided in subparagraph II(b), nothing in this section shall limit or abridge the right of any child placed and cared for in any home for children, as defined in RSA 193:27, or of any child placed in the home of a relative of that child by the department of health and human services, or placed in the home of a relative or friend by a court pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, to attend the public schools of the school district in which the home for children or home of the relative or friend in which a child is placed by the department of health and human services or by a court of competent jurisdiction is located, as provided in RSA 193:28.

274:19 School Attendance; Legal Residence Required. Amend RSA 193:12, V-b to read as follows:

V-b. Whenever a dispute arises among one or more school districts, the department of health and human services, or one or more of the previously mentioned parties, as to the residency of a child who is in the legal custody or guardianship of the department of health and human services, or who has been placed pursuant to a court order in a proceeding under RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, the department of health and human services [~~may~~] shall request in writing that the superintendents involved resolve the dispute. If the residency dispute remains unresolved 10 days after such request, the department of health and human services [~~may~~] shall request that the commissioner of the department of education determine the residence of the child. The child [~~may~~] shall be permitted to attend school in the district in which the child has been placed by the court or the department of health and human services pending the resolution of the residency dispute. Liability as to the cost of school attendance provided under this paragraph shall be determined by the commissioner of education.

274:20 Education of Children Placed in Homes; Definitions. Amend RSA 193:27, IV to read as follows:

IV. “Sending district”‘ means the school district in which a child most recently resided other than in a home for children, the home of a relative or friend in which a child is placed by the department of health and human services or a court of competent jurisdiction pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, health care facility, or state institution, if such child is not in the legal custody of a parent or if the parent resides outside the state; if the child is retained in the legal custody of a parent residing within the state, “sending district” means the school district in which the parent resides. For the purposes of this paragraph a parent shall not have legal custody if legal custody has been awarded to some other individual or agency, even if that parent retains residual parental rights. An award of legal custody by a court of competent jurisdiction, in this state or in any other state, shall determine legal custody under this paragraph.

274:21 Pupils; Right of Attendance. Amend the introductory paragraph of RSA 193:28 to read as follows:

193:28 Right of Attendance. Whenever any child is placed and cared for in any home for children, or is placed by the department of health and human services in the home of a relative or friend of such child pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, such child, if of school age, shall be entitled to attend:

274:22 Charter and Charter Conversion Schools; Definitions. Amend RSA 194-B:1, VII to read as follows:

VII. “Parent” means a parent, guardian, or other person or entity having legal custody of a child or, in the case of a child with a disability, a surrogate parent who has been appointed in accordance with state or federal law.

274:23 Charter and Charter Conversion Schools; Definitions. Amend RSA 194-B:1, XIV to read as follows:

XIV. “Teacher”‘ means any individual providing or capable of providing direct instructional services to pupils, and who meets requirements prescribed in the Elementary and Secondary Education Act and the Individuals With Disabilities Education Act.

274:24 Charter and Charter Conversion Schools; Establishment. Amend RSA 194-B:3, II(u) to read as follows:

(u) Identity of consultants to be used for various services, if known, or the qualifications or certifications of consultants not identified by name.

274:25 Charter and Charter Conversion Schools; Requirements. Amend RSA 194-B:8, I to read as follows:

I. A charter school shall not discriminate nor violate individual civil rights in any manner prohibited by law. A charter school shall not discriminate against any [~~educationally disabled pupil~~] child with a disability as defined in RSA 186-C.

274:26 Charter and Charter Conversion Schools; Requirements. Amend RSA 194-B:8, III to read as follows:

III. A charter [~~schools~~] school shall provide instruction for at least the number of days required by state law. A charter school shall comply with compulsory attendance laws as provided in RSA 189:1, 189:1-a, and 193:1. Innovative scheduling resulting in at least that number of attendance hours required under RSA 186-C:15, 189:1, 189:1-a, and 193:1 and current state board attendance rules shall be encouraged.

274:27 Charter and Charter Conversion Schools; Funding. Amend RSA 194-B:11, III to read as follows:

III. In accordance with current department of education standards, the funding and educational decision-making process for [~~educationally handicapped pupils~~] children with disabilities attending a charter or open enrollment school shall be the responsibility of the [~~local education agency (LEA)~~] school district and shall retain all current options available to the parent and to the [~~LEA~~] school district.

274:28 Charter and Charter Conversion Schools; Oversight Committee. Amend RSA 194-B:21, I to read as follows:

I. There is hereby established a joint legislative oversight committee. The committee shall jointly meet at least once a year and shall monitor the effect of this chapter, make recommendations for any legislative changes with respect thereto, and make recommendations to the legislature to reduce the scope of, ease the administration of, simplify the compliance with, and, where appropriate, recommend to the legislature elimination of regulations and reduction of the amount of paperwork required [~~in connection with all public education and the state’s regulation thereof~~]. The committee shall include 3 senators appointed by the president of the senate, 3 members of the house appointed by the speaker of the house, and one member of the state board appointed by the chairperson of the state board who shall serve as a nonvoting member in an advisory capacity.

274:29 Reference Changes. Amend the following RSA provisions by replacing the phrase “educationally disabled child” with “child with a disability”: RSA 186-C:2, I; and RSA 186-C:7, I.

274:30 Reference Changes. Amend the following RSA provisions by replacing the phrase “an educationally disabled child” with “a child with a disability”: RSA 186-C:2, I; RSA 186-C:2, III-V; RSA 186-C:7, II; RSA 186-C:13, I(a)-(b); RSA 186-C:14, III; RSA 186-C:15; RSA 186-C:19; RSA 186-C:19-a; RSA 186-C:19-b, II; RSA 186-C:20, I; and RSA 193:3, III(g).

274:31 Reference Changes. Amend the following RSA provisions by replacing the phrases “educationally disabled children,” “educationally disabled pupils,” “educationally disabled students,” and “educationally disabled individuals” with “children with disabilities”: RSA 21-N:9, II(l); RSA 35:1-b; RSA 169-B:7, III; RSA 169-C:8, III; RSA 169-D:6, III; RSA 186-C:1; RSA 186-C:2, II; RSA 186-C:5; RSA 186-C:7, III; RSA 186-C:7-a, I-II; RSA 186-C:8, I-II; RSA 186-C:10; RSA 186-C:11; RSA 186-C:12; RSA 186-C:13, I; RSA 186-C:14, I; RSA 186-C:16, III; RSA 186-C:18, III(a); the section heading RSA 186-C:19; RSA 186-C:19, II; the section headings of RSA 186-C:19-a and RSA 186-C:19-b; RSA 186-C:19-b, III-V; RSA 186-C:21, IV(b); RSA 186-C:22, V; RSA 193:3, I; RSA 194-B:3, II(n); the introductory paragraph of RSA 198:40-b; RSA 198:40-b, I(b); the introductory paragraph of RSA 198:40-b, II; RSA 198:40-b, II(a) and RSA 198:42, I.

274:32 Reference Changes. Amend the following RSA provisions by replacing the phrase “individualized education plan” or “individual education plan” with “individualized education program”: RSA 186-C:7, I-II; RSA 186-C:16-b, VI; RSA 186-C:19, III; RSA 186-C:19-a, I; RSA 186-C:22, V; RSA 193:12, VI(a); and RSA 265:107-a, II.

274:33 Reference Changes. Amend the following RSA provisions by replacing the phrase “educationally related services” with “related services”: RSA 126-A:40, I(b); RSA 169-B:40, I(b); RSA 169-C:27, I(b); RSA 169-D:29, I(b); RSA 186-C:2, I, I-a, III, and V; RSA 186-C:19, I; RSA 186-C:19-b, I(a), II, II(a)-(b), and IV; and RSA 193:29, I(a).

274:34 Chartered Public and Charter Conversion Schools; Requirements. RSA 194-B:8, I is repealed and reenacted to read as follows:

I. A chartered public school shall not discriminate nor violate individual civil rights in any manner prohibited by law. A chartered public school shall not discriminate against any child with a disability as defined in RSA 186-C.

274:35 Chartered Public and Charter Conversion Schools; Requirements. RSA 194-B:8, III is repealed and reenacted to read as follows:

III. A chartered public school shall provide instruction for at least the number of days required by state law. A chartered public school shall comply with compulsory attendance laws as provided in RSA 189:1, 189:1-a, and 193:1. Innovative scheduling resulting in at least that number of attendance hours required under RSA 186-C:15, 189:1, 189:1-a, and 193:1 and current state board attendance rules shall be encouraged.

274:36 Chartered Public and Charter Conversion Schools; Funding. RSA 194-B:11, III is repealed and reenacted to read as follows:

III. In accordance with current department of education standards, the funding and educational decision-making process for children with disabilities attending a chartered public or open enrollment school shall be the responsibility of the school district and shall retain all current options available to the parent and to the school district.

274:37 Contingency. If SB 418 of the 2008 legislative session becomes law, sections 25-27 of this act shall take effect July 1, 2008 and sections 34-36 of this act shall take effect on the effective date of SB 418. If SB 418 does not take effect, sections 25-27 of this act shall take effect July 1, 2008 and sections 34 -36 of this act shall not take effect.

274:38 Effective Date. This act shall take effect July 1, 2008.

Approved: June 27, 2008

Effective Date: July 1, 2008